Bagbin Rules Motion On 3.9 Tons Cocaine Seizure Inadmissible

Speaker of Parliament, Rt. Hon. Alban Sumana Kingsford Bagbin, has ruled that the private members' motion requesting a parliamentary inquiry into the reported seizure of 3.9 tons of cocaine in France is inadmissible.

Delivering his ruling, the Speaker said he considered the motion and its proposed terms of reference, the nature and extent of the continuing investigations, the judicial proceedings now pending, the substantial factual overlap between those proceedings and the proposed parliamentary inquiry, Parliament's constitutional oversight responsibilities, the precedents and practice of the House, and the express terms of Standing Order 103(5)(f) and the Speaker's duty under Order 5.

Pursuant to Order 5, he said he is satisfied that the present case involves considerably more than incidental overlap.

According to Speaker Bagbin, the proposed parliamentary inquiry will traverse factual matters directly connected with matters presently engaging the criminal justice process. It may also involve evidence, witnesses, conduct and questions of responsibility which are relevant to pending proceedings.

"Honourable members, to investigate this matter would mean this House making the following decisions or determining a number of issues including the different parties as far as this transaction are concerned. The committee would have to evaluate and assess how these transactions are made and then determine why some actions are taken by some actors and why other actors oppose taking any action at the ports of entry," he stated.

He added that the combined effect of undertaking the evaluation, assessment and investigation would be at the end of the day to determine the very issues that the court of competent jurisdiction is supposed to determine.

"Accordingly, I am of the considered opinion that permitting the motion to proceed in its present form as presented by a leader of the House at this particular time may prejudice the interest of parties to pending judicial proceedings," Speaker Bagbin ruled.

"Now therefore, I rule pursuant to Standing Orders 5(6) and 103(f) that the private members' motion is inadmissible."

Speaker Bagbin told the House that persons alleged to have connections with the matters under investigation have already been brought before courts of competent jurisdiction, with criminal proceedings pending and investigations continuing. He said the criminal justice process has therefore been formally engaged.

According to the Speaker, official searches at the registry of the courts indicate that as many as four substantive cases are pending before the courts on narcotic-related matters which are the subject of the motion, with about twenty-one persons standing trial.